Michael Lopez Jr.

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March 1, 2005

Michael Lopez Jr.

Copyright 1999 Houston Chronicle

In a strident show of pique, a teen sentenced to death for murdering a Harris County lawman lashed out at his attorneys Tuesday and demanded another trial.

"They didn't want me to testify," Michael Anthony Lopez Jr. said as he was being sentenced. "They just ignored me and did what they wanted to do . . . They told me to shut up. They didn't want to work with me. They didn't want to help me."

With his angry and tearful family members spilling out of the courtroom and into the hallway, Lopez , 18, rambled on almost incoherently for several minutes before state District Judge Ted Poe cut him off.

"It's your responsibility, and I don't think it's dawned on you yet that you are totally responsible for your conduct," said Poe, who told Lopez that he was nothing more than a "street terrorist . . . hellbent on destroying America, piece by piece and neighborhood by neighborhood."

The decision of the jury of six men and six women was announced just before 6 p.m., and Poe then gave Lopez a chance to address the court. Lopez contended he had not gotten a fair trial, repeatedly saying that the shooting of Harris County Precinct 1 Deputy Constable Micheal Eakin was an accident.

"Only me and only God and only Jesus know what happened," Lopez said. "I didn't mean to kill him. I didn't shoot to kill."

The panel deliberated about six hours before deciding that Lopez , a gang member with an extensive violent past, was a future threat to society and that there were no mitigating circumstances that called for life in prison - the two issues jurors must address before a judge can sentence someone to death in Texas.

The same jury convicted Lopez last week for the Sept. 29 capital murder of Eakin , 25.

Lopez and five others were in a car Eakin stopped for speeding on the Hardy Toll Road. After being ordered out of the vehicle, Lopez , who was high on paint thinner, fled. He said later he was afraid of going to jail for violating his probation.

Eakin caught him and the two fought. As Eakin was about to handcuff him, Lopez pulled a gun and fired over his shoulder, hitting Eakin in the head. As the officer lay on his back, Lopez shot him in the throat, then fled. He was caught the next day.

Defense attorneys Ricardo Rodriguez and Jerry Guerinot argued strenuously for a life sentence, which would have meant 40 years in prison before Lopez could have been paroled.

Prosecutors pointed out that Lopez started his criminal career at age 12 and had became progressively brazen and violent. "(Lopez ) is a capital murder that's been waiting to happen for a long time," said prosecutor Kelly Siegler.

The defense argued that Lopez deserved life because he came from a tough neighborhood, was raised by elderly grandparents who couldn't control him and all but ignored by parents who were constantly in and out of jail.

"He has no moral compass. Why? Why?" Guerinot said. "Because he's got a father who is an ex-convict and a mother who just didn't give a damn about him."

When the punishment was announced, Lopez 's family and friends sobbed and ran out of the courtroom. They caused a scene when confronted by lawmen and news cameras in the hall. They complained Lopez had not gotten a fair trial or a good defense.

Guerinot told reporters afterward that he and Rodriguez had fought for Lopez "every inch of the way."

"We did everything for this kid we could possibly do," Guerinot said. He added that ultimately it was Lopez 's decision not to testify and that he would have faced a rough time on the stand because of his conflicting versions of how Eakin died.

"I feel for him," Guerinot said. "He's done a terrible thing."

Echoing Poe and her earlier arguments, Siegler said Lopez still didn't get it, continuing to blame others and denying responsibility for his actions even while being sentenced to death.

Eakin 's family, friends and dozens of lawmen were composed as the decision was read. With Lopez 's kin yelling outside, Bill Green, Eakin 's adoptive father, addressed the court after the verdict.

"For Micheal, always remember that he lost his life protecting our community," Green said.

He thanked Poe and the jurors and added the last time he saw Eakin alive, he had kissed him on his forehead and told him that he loved him. He urged everyone in court to do the same with their children when they got home.

After cutting Lopez off, Poe reminded him that Eakin , too, had come from a hard background, but had decided to do something constructive with his life. Poe said Eakin had become a lawman to help "save America," while Lopez chose to become a predator.